HON’BLE SRI JUSTICE G. CHANDRAIAH AND HON’BLE SRI JUSTICE M.S.K. JAISWAL L.A.A.S. Nos. 992, 1017 and 1018 of 2011 DATE: 29.10.2014 L.A.A.S.No.992 of 2011:-
Between:
Naganna and two others .. Appellants/ Claimants and Special Deputy Collector .. Respondent/ Referring Officer L.A.A.S.No.1017 of 2011:-
Between:
Anthati Eswaramma .. Appellant/ Claimant and Special Deputy Collector .. Respondent/ Referring Officer L.A.A.S.No. 1018 of 2011:-
Between:
Golla Balaiah and two others .. Appellants/ Claimants and Special Deputy Collector .. Respondent/ Referring Officer COMMON JUDGMENT:- (Per Hon’ble Sri Justice G. Chandraiah) Inasmuch the question of fact and law involved in these three appeals is one and the same, they are taken up together for disposal by this common judgment.
The claimants have filed L.A.A.S.Nos. 992, 1017 and 1018 of 2011 under Section 54 of the Land Acquisition Act, 1894 (for brevity “the Act”) against the Common Order dated 10.02.2005 passed in O.P.Nos.113 of 2003, 378 of 2003 and 375 of 2003 by the Senior Civil Judge, Wanaparthy whereby the Original Petitions filed by the claimants on reference made under Section 18 of the Act seeking enhancement of the compensation awarded by the Land Acquisition Officer, are dismissed.
The brief admitted facts of the case are that on the revised requisition dated 11.10.1999 made by the Executive Engineer, J.J.P. Execution Division No.2, Pebbair seeking for acquisition of lands situated in Gopalapur village, Weepangandla Mandal for excavation and to form embankment to N.T.R. Canal, the Land Acquisition Officer surveyed the lands required for acquisition, sub-divided and found the actual extent of land as Ac.62.17 guntas and acquired the same by issuing Notification under Section 4(1) of the Act on 11.11.1999. Subsequently, the Land Acquisition Officer granted Rs.32,000/- per acre for dry lands grouped as Category No.I, Rs.33,000/- per acre for developed dry lands grouped as Category No.II, Rs.38,000/- per acre for irrigated dry lands grouped as Category No.III and Rs.40,000/- per acre for wet lands grouped as Category No.IV. Being not satisfied with the quantum of compensation, various claimants, on reference sought by them under Section 18 of the Act, filed 22 Original Petitions on the file of the Senior Civil Judge at Wanaparthy, and the learned Judge, by Common Order dated 10.02.2005, dismissed those petitions. Challenging the Common Order passed by the trial Court, some of the claimants have filed the present appeals.
When these matters are taken up for hearing, the learned counsel for the appellants-claimants and the learned Government Pleader for Appeals appearing for the respondent have submitted that similar batch of appeals were disposed of by this Court by a common judgment dated 16.12.2008 in L.A.A.S.No. 737 of 2005 and batch, which is based on the judgment dated 07.08.2008 delivered by this Court in L.A.A.S.Nos.687 and 956 of 2005, and the present appeals are squarely covered by the common judgment dated 16.12.2008 and they may be disposed of in terms thereof.
In the Common Judgment dated 16.12.2008, this Court made the following order:
“Following the same and the reasons mentioned therein, all the appeals are allowed holding that the claimants are entitled to compensation at the rate of Rs.60,000/- (Rupees Sixty Thousand Only) per acre for I.D. and wet lands and Rs.55,000/- (Rupees Fifty Five Thousand Only) per acre for dry lands.
It is needless to mention that the claimants are entitled to all the statutory benefits including interest on solatium and additional market value as per the amended provisions of the Land Acquisition Act, 1894.”
We have carefully perused the entire Common Order under appeal and noticed that the petition schedule lands which are mentioned in the present appeals, are part and parcel of Ac.62.17 guntas of land in respect of which this Court had already adjudicated the matter as referred to above and the subject matter of the present appeals is also squarely covered by the common judgment dated 16.12.2008 in L.A.A.S.Nos.737 of 2005 and batch.
In view of the submission made by the learned counsel for both the parties and following the judgment dated 16.12.2008, we are inclined to dispose of these appeals as under:
“The claimants are entitled to compensation at the rate of Rs.60,000/- (Rupees Sixty Thousand Only)per acre for I.D. and wet lands and Rs.55,000/- (Rupees Fifty Five Thousand Only) per acre for dry lands. It is needless to mention that the claimants are entitled to all the statutory benefits including the interest on solatium and additional market value as per the amended provisions of the Land Acquisition Act, 1894.”
Accordingly, these three appeals are allowed. No order as to costs. As a sequel to the disposal of the appeals, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 29.10.2014 M.S.K. JAISWAL, J bcj